News:

A recent Daily Beast article outlined the current state of direct to consumer shipping of spirits from distilleries. The article notes that several states, including KY, have recently passed laws allowing distilleries to ship spirits directly to your home, and asks, will the rest follow? In response, WSWA issued a press release outlining alleged inaccuracies in the Daily Beast article.   To learn more about state laws governing DTC from distilleries, please find a wealth of information on the American Craft Spirits Association website.    

Winn Dixie is seeking the DABT’s opinion as to the applicability of 561.42(1), 61A-1.010 and 61A-1.0107 as it applies to Winn Dixie. In particular, “whether section 561.42(1), Florida Statutes, and Rules 61A-1.010 and 61A-1.0107, Florida Administrative Code, prohibit a distributor of alcoholic beverages from reimbursing the actual costs [Winn Dixie] incurs to remove, ship, or dispose of the distributor’s recalled products, and whether petitioner is prohibited from receiving such reimbursement.” A copy of the Petition for Declaratory Statement may be obtained by contacting: Department of Business and Professional Regulation, Agency Clerk’s Office, 2601 Blair Stone Rd., Tallahassee, FL 32399, (850)717-1183, AGC.filing@myfloridalicense.com.  

Post 2018 Farm Bill, TTB Addresses Hemp Ingredients in Alcohol Beverage Formulas Recently, the TTB added to its on its 2018 guidance regarding hemp derivatives (THC and CBD) in light of the Farm Bill from 2018 which excluded “hemp” from the definition of marijuana under the Controlled Substances Act. Since the 2018 Farm Bill excluded “hemp” from the definition of marijuana under the Controlled Substances Act (CSA), TTB has received many inquiries from industry members about whether they may produce alcohol beverages containing ingredients, such as cannabidiol (CBD), derived from “hemp.”  TTB is in the process of updating its guidance on the use of ingredients from hemp to reflect the recent changes to the law.   In the interim, it remains TTB’s policy that it will not approve any formulas for alcohol beverages that contain ingredients that are controlled substances under the CSA.  Even if an ingredient derived from cannabis is not a controlled substance because it meets the new definition of “hemp,” TTB will continue to consult with the FDA to determine if the use of hemp ingredients would violate the Federal Food, Drug, and Cosmetic Act (FD&C Act).    The update goes on to let industry members know that the TTB will return applications for formulas containing hemp ingredients other than those derived from hemp seeds or hemp seed oil. And that applicants for other derivatives will have the option to resubmit upon favorable approval (individual determination) from the FDA of their ingredients.  TTB will continue to process…